قرار رئيس هيئة القضاء العسكري رقم (1) لسنة 2012م بشأن مدونة السلوك القضائي للقضاة وأعضاء النيابة العسكرية

Decision of the Chairman of the Military Justice Authority No. 1 of 2012 Concerning the Code of Judicial Conduct for Military Judges and Members of the Military Prosecution

In accordance with the powers bestowed upon me, and

In accomplishment of the public interest,

I hereby issue forth the following:

Article 1

This Code shall be called the Code of Judicial Conduct. Its provisions shall be applicable to all military judges and members of the Military Prosecution.

Article 2

1. The military judge or member of the Military Prosecution must sign a pledge, in accordance with which he complies with the provisions of this Code. Such pledge shall be kept in his file.

2. The military judge or member of the Military Prosecution must read this Code, understand its contents, and abide by its provisions.

3. Any violation of the provisions of this Code shall demand disciplinary accountability in accordance with the provisions of the law.

Article 3

The Code shall aim at consolidating ethical standards and basic rules of the profession of military judges or members of the Military Prosecution so that they perform their duty in a credible and integral manner.

Article 4

The military judge or member of the Military Prosecution must be of high moral character and serve as a guiding light for others.

Article 5

The military judge or member of the Military Prosecution must enjoy independence. In the delivery of his noble mission, the criteria of courage and integrity must be the distinguishing feature of his duty.

Article 6

The military judge or member of the Military Prosecution must recall that law enforcement is a means, the end of which is to realise rights and achieve justice with utmost professional responsibility.

Article 7

The military judge or member of the Military Prosecution must maintain a good appearance at his place of work. In his speech, he must treat others on an equal footing, using a wise language that bestows dignity and decency on his profession.

Article 8

The military judge or member of the Military Prosecution must sense absolute freedom to exercise his authority when he enforces the law fairly and equitably without bias in any form whatsoever to any party to the case.

Article 9

The judge's mission must focus on the effective disposition of cases which fall within his jurisdiction. His primary criterion must be the administration and maintenance of justice in pursuance of the provisions of the law.

Article 10

The military judge or member of the Military Prosecution must not submit to the influence of any person or entity whatsoever, whether such influence is explicit or implicit. He shall not be subject to any authority other than the authority of the law.

Article 11

The military judge or member of the Military Prosecution must not interfere with the work of his colleagues, or mediate in any of their cases nor allow them to mediate in any of his. He must not allow any administrative employees under his supervision to carry out any unacceptable conduct that is not consistent with their professional duties.

Article 12

The military judge or member of the Military Prosecution must not accept, request for himself or for any of his family members, any gift or any interest whatsoever, by which he may be influenced in a case heard by him.

Article 13

The military judge or member of the Military Prosecution must refrain from conducting any commercial activity or political action.

Article 14

The military judge or member of the Military Prosecution must advise his colleague to keep away from any erroneous conduct, unless such a conduct constitutes a crime. In such case, he must report it to his superior entity.

Article 15

In all cases, the judge shall be prohibited from talking about any aspect of the cases heard by him outside court sessions or give an opinion thereon in advance.

Article 16

The military judge or member of the Military Prosecution must not be affected by any opinion he hears outside the place of his work. He must rely on legal evidence in the case.

Article 17

The military judge or member of the Military Prosecution shall be forbidden from appearing in a court session with his weapon.

Article 18

This Code shall enter into force on June 19^th, 2012, and shall be published in the Official Gazette.

Issued forth in the city of Ramallah on June 19^th, 2012 Anno Domini,

Corresponding to Rajab 29^th, 1433 Anno Hegira.

Major General Abdul Latif al-Ayed

Chairman of the Military Justice Authority